GYAN PRAKASH ARYA versus M/S TITAN INDUSTRIES LIMITED

GYAN PRAKASH ARYA versus M/S TITAN INDUSTRIES LIMITED

Section 33 of the Arbitration and Conciliation Act, 1996 is limited to correcting arithmetical or clerical errors; the arbitrator’s modification of the original award to substitute a different market value was beyond Section 33 and thus the modification dated 14.01.2011 was quashed and the original award dated 04.12.2010 was restored.

Parties
Appellant: GYAN PRAKASH ARYA; Respondent: M/S TITAN INDUSTRIES LIMITED
Jurisdiction
India
Judgment Date
22 November 2021
Procedural Posture
Civil Appeal / Judgment on Appeal to the Supreme Court
Outcome
Appeal allowed; the arbitrator’s order dated 14.01.2011 modifying the award is quashed and set aside; the original award dated 04.12.2010 is restored.
Legal Topics
Arbitration and Conciliation Act, 1996, Section 33 Modification of Award, Section 34 Setting Aside Award, Section 37 Appeal, Clerical and Arithmetical Errors
Arbitration Civil Procedure Arbitration and Conciliation Act, 1996 Section 33 Modification of Award Section 34 Setting Aside Award Section 37 Appeal Clerical and Arithmetical Errors

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Parties

GYAN PRAKASH ARYA

Appellant

M/S TITAN INDUSTRIES LIMITED

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether an application under Section 33 of the Arbitration and Conciliation Act, 1996 permits modification of an arbitral award beyond correction of arithmetical or clerical errors
  2. 2 Whether the arbitrator exceeded his jurisdiction by modifying the original award under Section 33

Ratio Decidendi

Section 33 of the Arbitration and Conciliation Act, 1996 is limited to correcting arithmetical or clerical errors; the arbitrator’s modification of the original award to substitute a different market value was beyond Section 33 and thus the modification dated 14.01.2011 was quashed and the original award dated 04.12.2010 was restored.

Court Disposition

Appeal allowed; the arbitrator’s order dated 14.01.2011 modifying the award is quashed and set aside; the original award dated 04.12.2010 is restored.

Orders

  • Order dated 14.01.2011 by the arbitrator modifying the award dated 04.12.2010 is quashed and set aside
  • Original arbitral award dated 04.12.2010 stands restored